Majoritarian Filibusters

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Andrew Selbst says:

    When considering the filibuster in this light, don’t you pretty quickly get to the “Senate is unconstitutional under one person-one vote” point? Or, to invert the question, if we accept that the Senate is a valid institution important to our constitutional order for whatever reasons one might like, don’t we have to take it as a black box? Once we start looking at the actual majority representations, that abstraction that justifies it falls apart.